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ROOK v. STATE

No. 58A01-9609-CR-297.

679 N.E.2d 997 (1997)

Matthew N. ROOK, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 16, 1997.

Attorney(s) appearing for the Case

Matthew P. Zerbe, Lawrenceburg, for Appellant-Defendant.

Pamela Carter, Attorney General, Suzann Weber Lupton, Deputy Attorney General, Indianapolis, for Appellee-Plaintiff.

OPINION

BAKER, Judge.

In this interlocutory appeal, we are presented with the question of whether a police officer's use of binoculars to view the illegal activity of a defendant in an area behind his residence constitutes an impermissible warrantless search. Specifically, appellant-defendant Matthew N. Rook appeals the trial court's denial of his motion to suppress evidence of marijuana seized after a police officer observed him carrying a marijuana plant...

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